A period of leave required to be taken under section 876a or 1182(c)(2) of this title shall be charged against any accrued leave to the member’s credit on the day before the day such leave begins unless the member elects to be paid for such accrued leave under subsection (b). If the member does not elect to be paid for such accrued leave under subsection (b), or does not have sufficient accrued leave to his credit to cover the total period of leave required to be taken, the leave not covered by accrued leave shall be charged as excess leave. If the member elects to be paid for accrued leave under subsection (b), the total period of leave required to be taken shall be charged as excess leave.
(b)(1)
A member who is required to take leave under section 876a or 1182(c)(2) of this title and who has accrued leave to his credit on the day before the day such leave begins may elect to be paid for such accrued leave. Any such payment shall be based on the rate of basic pay to which the member was entitled on the day before the day such leave began. If the member does not elect to be paid for such accrued leave, the member is entitled to pay and allowances during the period of accrued leave required to be taken.
(2)
Except as provided in paragraph (1) and in sections 707 and 707a of this title, a member may not accrue or receive pay or allowances during a period of leave required to be taken under section 876a or 1182(c)(2) of this title.
(c)
A member required to take leave under section 876a or 1182(c)(2) of this title is not entitled to any right or benefit under chapter 43 of title 38 solely because of employment during the period of such leave.
Pub. L. 107–314, § 506(c)(1)Subsec. (b). , inserted “or 1182(c)(2)” after “section 876a” in pars. (1) and (2) and substituted “sections 707 and 707a” for “section 707” in par. (2).
Pub. L. 106–398Section 974 of this titlesection 876a of this title2000—Subsec. (c). struck out “(1)” before “A member required” and struck out par. (2) which read as follows: “ does not apply to a member required to take leave under during the period of such leave.”
Pub. L. 103–353Pub. L. 103–3371994—Subsec. (c)(1). , which directed the amendment of par. (1) by substituting “chapter 43” for “section 4321”, could not be executed because intervening amendment by had substituted “section 4301” for “section 4321”. See below.
Pub. L. 102–5681992—Subsec. (c)(1). substituted “section 4321” for “section 2021”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–353section 8 of Pub. L. 103–353section 4301 of Title 38Amendment by effective with respect to reemployments initiated on or after the first day after the 60-day period beginning , with transition rules, see , set out as an Effective Date note under , Veterans’ Benefits.
The amendments made by this Act [enacting this section and sections 707 and 876a of this title and amending sections 701, 813, 832, 838, 867, and 869 of this title] shall take effect at the end of the sixty-day period beginning on the date of the enactment of this Act.
“(b)(1)
section 701 of this title The amendments made by section 2 [enacting this section and sections 707 and 876a of this title and amending ] shall apply to each member whose sentence by court-martial is approved on or after —
“(A)
section 801 of this title under section 864 or 865 (article 64 or 65) of title 10, United States Code, by the officer exercising general court-martial jurisdiction under the provisions of such section as it existed on the day before the effective date of the Military Justice Act of 1983 [see Effective Date of 1983 Amendment note set out under ]; or
“(B)
under section 860 (article 60) of title 10, United States Code, by the officer empowered to act on the sentence on or after the effective date of the Military Justice Act of 1983.
“(2)
section 813 of this title The amendments made by section 3 [amending ] shall apply to each person held as the result of a court-martial sentence announced on or after the effective date of such amendments.
“(3)
section 832 of this title The amendment made by section 4(a) [amending ] shall apply with respect to investigations under section 832 (article 32) of title 10, United States Code, that begin on or after the effective date of such amendment.
“(4)
section 838 of this title The amendment made by section 4(b) [amending ] shall apply to trials by courts-martial in which all charges are referred to trial on or after the effective date of such amendment.
“(5)
section 867 of this title The amendment made by section 5 [amending ] shall apply to any accused with respect to a Court of Military Review [now Court of Criminal Appeals] decision that is dated on or after the effective date of such amendment.”